Civil revision dismissed. The High Court held it was unnecessary to adjudicate the validity of an admitted document as its contents did not affect the petitioner's interests in the underlying suit.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.2423 of 2012
Dated 1 1 th October, 2012
Between:
C.Jhansi Laxmi
…Petitioner
and
Kothapally Venkatappa Naidu and others
…Respondents
Counsel for the petitioner: Sri Ch.Siva Reddy Counsel for the respondents: Sri V.Jagapathi
The Court made the following:
ORDER:
This civil revision petition is filed against order, dated 20.04.2012, in O.S.No.34 of 2008, on the file of the learned Senior Civil Judge, Puttur, Chittoor District.
During trial, respondent No.5 sought to mark a document, which is styled as “Oppudala patram” under which she is stated to have relinquished her rights in favour of her two brothers i.e., respondent Nos.2 and 3. The petitioner raised an objection as to the admissibility of the said document on the ground that the same requires stamp duty and registration. The lower Court overruled the said objection and admitted the document in evidence.
At the hearing, Sri Ch.Siva Reddy, learned counsel for the petitioner, fairly submitted that the admission of the document does not affect the out come of the suit because even if its contents are accepted on their face value, they only indicate that respondent No.5 has relinquished her rights in respect of respondent Nos.2 and 3. Since the petitioner has not claimed any relief against respondent No.5, relinquishment of her rights in favour of respondent Nos.2 and 3 does not in any manner affect the interests of the petitioner or change the result of the suit.
For the above-mentioned reasons, it is not for this Court to adjudicate the correctness or otherwise of the order of the lower Court admitting the
document in dispute.
Subject to the above observation, the civil revision petition is disposed
of.
As a sequel to disposal of the civil revision petition, C.R.P.M.P.No.3222 of 2012 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
11th October, 2012 VGB
1 issue framed by the court
Whether the High Court should adjudicate the admissibility of an unstamped document when it does not affect the petitioner's interests.
C.Jhansi Laxmi
Kothapally Venkatappa Naidu and others
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
